THE ORDER OF THE DEPUTY PRIME MINISTER OF THE REPUBLIC OF KAZAKHSTAN - THE MINISTER OF AGRICULTURE OF THE REPUBLIC OF KAZAKHSTAN

of December 20, 2018 No. 518

About approval of Rules of the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production

According to subitem 2-6) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production.

2. To provide to management committee with land resources of the Ministry of Agriculture of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Agriculture of the Republic of Kazakhstan after its official publication;

5) within ten working days after state registration of this order submission to Department of legal service of the Ministry of Agriculture of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

3. To impose control of execution of this order on the supervising vice-Minister of Agriculture of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of information and communications of the Republic of Kazakhstan

Approved by the Order of the Deputy Prime minister of the Republic of Kazakhstan the Minister of Agriculture of the Republic of Kazakhstan of December 20, 2018 No. 518

Rules of the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production

Chapter 1. General provisions

1. These rules of the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production (further - Rules) are developed according to subitem 2-6) of Item 1 of Article 14 of the Land code of the Republic of Kazakhstan (further - the Land code) and determine procedure for the organization and carrying out tender by provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production.

2. Provision of the parcels of land for maintaining country or farm, agricultural production on the right of land use (lease) to foreigners, stateless persons, foreign legal entities, legal entities of the Republic of Kazakhstan with foreign participation, to the international organizations, scientific centers with the international participation, and also to kandasa is not allowed.

3. It is excluded according to the Order of the deputy. Minister of Agriculture of the Republic of Kazakhstan of 18.08.2021 No. 244

4. The organization and carrying out tender for provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production are performed by local executive bodies of areas, cities of regional value.

5. In these rules the following basic concepts are used:

1) the land commission - collegiate organ under local executive body of area, city of regional value (in the territory placed under its administrative authority) and the area for consideration of the applications (requests) and preparation of the conclusions about provision of the rights to the parcels of land (about determination of the winner of tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production), about change of purpose of the parcels of land (except for lands of settlements) and about transfer of lands of water fund to lands of other categories;

2) tender - form of provision of the parcel of land on the right of temporary paid land use (lease) for maintaining country or farm, agricultural production to the citizens of the Republic of Kazakhstan and non-state legal entities of the Republic of Kazakhstan without foreign participation who offered the most advantageous conditions on its use;

3) the participant - the citizen of the Republic of Kazakhstan or the non-state legal entity of the Republic of Kazakhstan without foreign participation registered in accordance with the established procedure for participation in tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production;

4) the project of intraeconomic land management - the document determining and proving the organization and the device of the territory of farmlands on the near-term outlook, containing complex of the actions providing the most optimum use of each parcel of land taking into account its individual characteristics (fertility, technological properties, location, relief, climate, natural and historical, ecological and other features);

5) authorized body - authorized body on land relations of areas and cities of regional value, within their competence, the stipulated in Clause 14-1 Land code.

Chapter 2. Procedure for the organization and carrying out tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production

6. Provision of the parcels of land which are in state-owned property and are not provided in land use on the right of temporary paid land use (lease) for maintaining country or farm of agricultural production is performed on the basis of tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production (further - tender) according to the procedure and on conditions, the stipulated in Clause 43-1 Land code and these rules.

7. The organization and carrying out tender are performed by local executive bodies of areas, cities of regional value in the following procedure:

1) annually till January 20 of the corresponding year is performed by forming, approval and approval of the list of the parcels of land (in case of availability of the free parcels of land) exposed on tender.

At the same time further forming, approval and approval of the list of the parcels of land exposed on tender is carried out at least 2 times a year (in case of availability of the free parcels of land);

2) carrying out land management works concerning the parcels of land included in the list for exposure to tender;

3) the publication of the notice on carrying out tender in the periodic printing editions distributed to the territories of the corresponding administrative and territorial unit, and also on the Internet resource and the direction to its other local executive bodies of areas, cities of regional value within the respective area and also in the central authorized body on management of land resources for placement on its Internet resource, placement in special information stands";

4) acceptance and registration of bids;

5) summing up tender.

8. For participation in tender the following documents are filed:

1) bid;

2) competitive offer.

9. Local executive bodies of areas, cities of regional value after thirty calendar days from the date of the first publication of the notice on carrying out tender there begins order taking for participation in tender, and in case of carrying out repeated tender - after fifteen calendar days.

Acceptance and registration of bids are performed within fifteen working days from the date of the beginning of order taking, and in case of carrying out repeated tender - within ten working days.

10. The bid is submitted on paper purposely or by mail or by means of the web portal of "the electronic government" according to the Law of the Republic of Kazakhstan "About informatization" before the termination of term of submission of requests.

The bid submitted by means of the web portal of "the electronic government" arrives to local executive bodies of areas, cities of regional value by means of electronic document management system. The competitive offer for participation in tender is made to local executive bodies of areas, cities of regional value purposely within fifteen working days from the date of the beginning of order taking before the termination of the specified term then the request is registered in electronic document management system.

11. The bid shall contain the data specified in Item 9 of Article 43-1 of the Land code.

12. The competitive offer, except for provisions of the parcel of land for maintaining aquaculture, contains:

1) the business plan (the forecast volume of investment, the areas of cultivation of crops, livestock of farm animals, the applied agrotechnologies, availability of agricultural machinery and processing equipment, qualified specialists in the field of agricultural industry, quantity of the created workplaces);

2) obligations on creation and development of the project of intraeconomic land management, accomplishment of actions for development of agricultural infrastructure;

3) obligations on execution of requirements of the land legislation of the Republic of Kazakhstan, including Rules of rational use of the lands of agricultural purpose approved by the order of the Minister of Agriculture of the Republic of Kazakhstan of January 17, 2020 No. 7 (it is registered in the Register of state registration of regulatory legal acts No. 19893), and Rules of rational use of the pastures approved the Deputy prime minister of the Republic of Kazakhstan - the Minister of Agriculture of the Republic of Kazakhstan of April 24, 2017 No. 173 (it is registered in the Register of state registration of regulatory legal acts No. 15090), to accomplishment of indicative indicators on diversification of the structure of sown areas of crops according to specialization of the region, to respect for scientifically based agrotechnologies, phytosanitary and quarantine requirements.

12-1. The competitive offer for maintaining aquaculture (further - the competitive offer) contains:

1) the business plan (the forecast volume of investment, amount of cultivation of objects of aquaculture, availability of the corresponding infrastructure and the equipment for maintaining aquaculture, qualified specialists in the field of aquaculture, quantity of the created workplaces);

2) obligations on execution of requirements of the land legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the field of aquaculture.

12-2. The obligations and the business plan offered by the applicant in the competitive offer are integral part of the agreement of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production.

13. The competitive offer is submitted the participant of tender in the closed envelope, printed or written by indelible ink in the stitched type with the numbered pages where the last page is certified: the signature of the participant - for physical persons (or the authorized representative) and the signature of the first head (or the authorized representative) and seal (in case of its availability) - for legal entities, except as specified its giving by means of the web portal of "the electronic government".

14. In the request and on the competitive offer there shall be no inserts between lines, podtirok or additions unless the participant needs to correct grammatical or arithmetic errors.

15. In the closed envelope of the competitive offer the text "Tender on provision of the right of temporary paid land use (lease) for maintaining country or farm, agricultural production" is specified and "Not open to:" ___" _______ years" (exact date is specified).

16. The bid which is not conforming to requirements of Item 9 of Article 43-1 of the Land code is subject to variation.

17. The participant can change or withdraw the request before the expiration of final term of submission of requests. Change is prepared, sealed and submitted as well as the request. Such change or the notification on response is valid if it is received by local executive bodies of areas, the cities of regional value before the expiration of final term of submission of requests.

18. Next day after the deadline for submission of bids modification of it is not allowed.

19. Next day, after the deadline for submission of bids on participation in tender, the results of tender by the land commission by opening of the arrived closed envelopes are summed up (without participation of participants of tender).

The meeting of the land commission according to Item 2 of Article 43 of the Land code is surely fixed by means of means audio-, videos. Fixation of meeting of the land commission means audio-, videos perform local executive bodies of areas, cities of regional value.

20. The secretary of the land commission the name of each participant, contents of its request and competitive offer appears.

21. According to the procedure of opening of envelopes with requests the secretary of the land commission constitutes the protocol of opening which is signed by the chairman of the land commission, her members and the secretary.

22. The land commission studies all requests regarding their compliance, completeness, availability of mistakes in calculations, all signatures on documents, and also checks correctness of registration in general, estimates, compares requests by assignment of points according to the business plan, including, on the forecast volume of investment, specified in the competitive offer.

23. Points according to the competitive offers specified in Item 12 of these rules are appropriated by the following criteria of obligations:

1) forecast amount of the put investments on 1 hectare in the first five years of lease of the parcel of land, thousands of tenges:

on not irrigated ploughland:

to 50 - 1 point;

from 50 to 70 - 2 points;

from 70 to 90 - 3 points;

from 90 to 110 - 4 points;

over 110 - 5 points;

on the irrigated ploughland (irrigation lands):

to 200 - 1 point;

from 200 to 300 - 2 points;

from 300 to 400 - 3 points;

from 400 to 500 - 4 points;

over 500 - 5 points;

on pasturable and haying grounds:

to 5 - 1 point;

from 5 to 10 - 2 points;

from 10 to 20 - 3 points;

from 20 to 30 - 4 points;

over 30 - 5 points;

2) on pasturable grounds - availability of livestock of farm animals:

less than 50 heads of cattle, horses, camels - 5 points;

50 and more heads of cattle, horses, camels - 10 points;

less than 300 heads of small cattle - 5 points;

300 and more heads of small cattle - 10 points;

3) availability of the agricultural machinery which is in property:

less than 5 units - 5 points;

5 and more units - 10 points;

4) availability of processing equipment:

1 unit - 1 point;

2 and more units - 3 points;

5) availability of qualified specialists in the field of agricultural industry:

less than 5 qualified specialists - 5 points;

5 and more qualified specialists - 10 points.

23-1. Points according to the competitive offers specified in Item 12-1 of these rules are appropriated by the following criteria of obligations:

1) forecast amount of the put investments on 1 hectare, thousands of tenges:

to 20 000 - 5 point;

from 20 000 to 50 000 - 10 points;

from 50 000 to 100 000 - 15 points;

over 100 000 - 20 points;

2) forecast amount of cultivation of objects of aquaculture, tons:

to 50 - 3 points;

from 50 to 100 - 5 points;

from 100 to 200 - 7 points;

from 200 to 500 - 10 points;

over 500 - 12 points;

3) availability of qualified specialists in the field of fishery or aquaculture:

for each worker having the diploma about education in the specialty in the field of fishery or aquaculture - 3 points, but no more than 9 points;

4) availability of the created workplaces:

for each created workplace - 1 point, but no more than 10 points.

23-2. The benefit in the form of assignment of additional 10 points to their competitive offers is provided to persons living in this area, the city, mudflow, the settlement at least 5 years.

The benefit in the form of assignment of additional 5 points to their competitive offers is provided to agricultural cooperatives.

24. The participant who gained the highest point is recognized the winner.

In case of equality of points of two or more competitive offers on the offered amount of the involved investments the winner of tender is determined by open voting by members of the commission.

In this case the participant who gained the highest point and majority of votes of members of the commission is recognized the winner.

25. The obligations assumed by the winner specified in the competitive offer are checked during monitoring of use of lands of the agricultural purpose which is carried out according to Item 20 of Article 43-1 of the Land code.

26. The decision of the land commission is drawn up by the protocol.

The legal decision of the land commission is signed by the chairman and all members of the land commission who participated in meeting and also the secretary of the land commission in day of summing up.

The legal decision on tender results signed by members of the land commission within one working day is placed on Internet resource of authorized body of the area, city of regional value and no later than three working days goes to all applicants and the central authorized body on management of land resources for placement on its Internet resource.

27. The legal decision of the land commission on results of tender contains the following information about:

1) the applicant (applicants) whose bid was rejected, with the motivated answer of the reasons of its variation;

2) the applicant (applicants), the application for participation in which tender it was approved, with indication of the arguments which formed the basis for determination by his winner.

28. The legal decision of the land commission on tender results within two working days goes to local executive body of the area, city of regional value for decision making about provision of the right of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production.

29. The local executive body of the area, city of regional value makes the decision on provision of the right of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production no later than three working days from the date of receipt of the legal decision of the land commission on tender results.

30. Based on the decision of local executive body of the area, the city of regional value on provision of the right of temporary paid land use (lease) of the parcel of land of agricultural purpose for maintaining country or farm, agricultural production within three working days from the date of adoption of the specified decision the draft agreement of temporary paid land use (lease) is prepared and the winner of tender is notified.

31. The agreement of temporary paid land use (lease) of the parcel of land for maintaining country or farm, agricultural production is signed by the winner of tender within three working days from the date of receipt of the notification.

32. In case of refusal from agreement signature of temporary paid land use (lease) of the parcel of land for maintaining country or farm, agricultural production the winner of tender in writing notifies authorized body of the area, city of regional value.

In case of not appearance of the winner of tender or not receipt from it of the letter on refusal of signature of the agreement of temporary paid land use (lease) of the parcel of land for maintaining country or farm, agricultural production within three working days from the date of receipt of the notification by it local executive bodies of areas, cities of regional value after three working days from the date of receipt of the notification by the winner of tender makes the decision on repeated carrying out tender and sends it to the land commission.

33. If the winner of tender does not sign the agreement of temporary paid land use (lease) of the parcel of land for maintaining country or farm, agricultural production, then local executive bodies of areas, cities of regional value within three working days from the date of receipt of refusal makes the decision on repeated carrying out tender and sends it to the land commission.

The winner of tender who refused agreement signature of temporary paid land use (lease) of the parcel of land for maintaining country or farm, agricultural production according to Item 19 of Article 43-1 of the Land code has no right to participate in the subsequent tenders within one year.

34. Tender is recognized cancelled cases:

1) receipts less than two bids on each parcel of land exposed on tender;

2) if less than two participants are allowed to participation in tender on each parcel of land exposed on tender.

Tender recognition by cancelled is drawn up by the legal decision of the land commission which within three working days is placed on Internet resource of local executive body of the area, city of regional value and authorized body.

35. In case of tender recognition cancelled local executive bodies of areas, cities of regional value hold repeated competition according to the procedure and terms, the stipulated in Article 43-1 Land code.

36. Costs on the organization and carrying out tender are compensated at the expense of means of the corresponding local budget.

 

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